[RPPTL LandTen] Proposed Revisions to Section 713.10, Florida Statutes

Arthur J. Menor AMenor at shutts.com
Thu Jun 3 06:31:01 PDT 2010


Rick, the subcommittee working on this amendment met by phone yesterday.
We considered your comment and others and have tentatively decided to
provide that lien prohibition notice will be effective as to any lienor
performing work under a notice of commencement recorded after the
recording date of the lien prohibition notice.  We hope to circulate a
revised draft soon.
 
 <http://www.shutts.com/shutts100.jpg> 	 Arthur J. Menor 
Partner  
________________________________

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1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401 
Direct: (561) 650-8510 | Fax: (561) 822-5510
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________________________________

	From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Rick G.
Emmanuel
	Sent: Thursday, June 03, 2010 9:23 AM
	To: 'RPPTL Landlord Tenant Committee'
	Cc: 'lweintraub at becker-poliakoff.com';
'mjgelfand at gelfandarpe.com'
	Subject: Re: [RPPTL LandTen] Proposed Revisions to Section
713.10, Florida Statutes
	
	
	Arthur, I understand your position, but I see little or no
difference between:
	1. Executing lease and short form lease simultaneously and then
recording short form lease; and
	2. Executing lease and the notice simultaneously and then
recording the notice.
	 
	Many landlord's would prefer to record the notice instead of a
short form lease.
	 
	Thanks,
	 
	Rick
	 
	
	Patrick G. Emmanuel, Jr., Esq.
	Emmanuel, Sheppard & Condon, P.A.
	30 South Spring Street
	Pensacola, FL  32502
	Telephone: (850) 433-6581
	Facsimile: (850) 433-6162

	

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________________________________

	From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arthur J.
Menor
	Sent: Wednesday, June 02, 2010 8:28 AM
	To: RPPTL Landlord Tenant Committee
	Cc: mjgelfand at gelfandarpe.com; lweintraub at becker-poliakoff.com
	Subject: Re: [RPPTL LandTen] Proposed Revisions to Section
713.10, Florida Statutes
	
	
	I made the protection prospective (leases entered into after the
date of the recording of the notice) because of the discussion in the
penultimate paragraph of the Everglades Electric opinion.  I also think
that this is more defensible from the perspective of the lienor.  It is
hard to take away lien rights from someone who is working under a lease
that was entered into before the constructive notice to that lienor that
their rights had been limited.
	 
 <http://www.shutts.com/shutts100.jpg> 	 Arthur J. Menor 
Partner  
________________________________

Shutts & Bowen LLP 
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401 
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail <mailto:AMenor at shutts.com>  | Biography
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<http://www.shutts.com/> 
 
	 


________________________________

		From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Rick G.
Emmanuel
		Sent: Tuesday, June 01, 2010 6:50 PM
		To: 'RPPTL Landlord Tenant Committee'
		Cc: 'lweintraub at becker-poliakoff.com';
'mjgelfand at gelfandarpe.com'
		Subject: Re: [RPPTL LandTen] Proposed Revisions to
Section 713.10, Florida Statutes
		
		
		I agree with Neil's suggested revision. 
		 
		My one comment is on Section (2) and subsection (c).
These address all leases entered into "after the date of the recording
of the notice". What happens to leases that have been executed prior to
or simultaneously with the execution and recording of the notice? On
single tenant premises, I have negotiated both the terms of the lease
and the notice with the tenant, executed same simultaneously with the
lease and then sent the notice for recording. The new wording would seem
to prevent this.
		 
		Thanks,
		 
		Rick Emmanuel
		 
		
		Patrick G. Emmanuel, Jr., Esq.
		Emmanuel, Sheppard & Condon, P.A.
		30 South Spring Street
		Pensacola, FL  32502
		Telephone: (850) 433-6581
		Facsimile: (850) 433-6162

		

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		This e-mail message and all attachments transmitted with
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________________________________

		From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
		Sent: Tuesday, June 01, 2010 2:31 PM
		To: RPPTL Landlord Tenant Committee
		Cc: mjgelfand at gelfandarpe.com;
lweintraub at becker-poliakoff.com
		Subject: Re: [RPPTL LandTen] Proposed Revisions to
Section 713.10, Florida Statutes
		
		
		Good work.  I also like Alternate 1 but have this
suggestion:
		 
		The protections against liens afforded by this part
shall apply notwithstanding all leases do not contain the same language
prohibiting such liability, so long as they substantially express the
intention that the interest of the lessor shall not be subject to liens
for improvements made by the lessee. 

		


		 
		 
 <http://www.shutts.com/shutts100.jpg> 	 Neil B. Shoter 
Partner / LEED Accredited Professional  
________________________________

Shutts & Bowen LLP 
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401 
Direct: (561) 650-8535 | Fax: (561) 822-5525
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-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/>  | Website
<http://www.shutts.com/> 
 
		 


________________________________

			From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arthur J.
Menor
			Sent: Friday, May 28, 2010 12:12 PM
			To: RPPTL Landlord Tenant Committee
			Cc: lweintraub at becker-poliakoff.com;
mjgelfand at gelfandarpe.com
			Subject: [RPPTL LandTen] Proposed Revisions to
Section 713.10,Florida Statutes
			
			
			Attached is my first draft (redlined to show
changes to current statute) of proposed statutory revisions to address
the Everglades Electric Supply, Inc. v. Paraiso Granite, LLC case (28
So.3d 235 (Fla. 4th DCA 2010).
			 
 <http://www.shutts.com/shutts100.jpg> 	 Arthur J. Menor 
Partner  
________________________________

Shutts & Bowen LLP 
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401 
Direct: (561) 650-8510 | Fax: (561) 822-5510
E-Mail <mailto:AMenor at shutts.com>  | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/>  | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/8051073b-833e-444a
-8b57-a6912a6d5435/Arthur_J_Menor.cfm/>  | Website
<http://www.shutts.com/> 
			 
			
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